- 44 - Jaroff called me after discussing the transaction with Mr. Tucker, and asked me * * * to confirm the information that Noel [Tucker] had given him". As Becker recalled, he and petitioner discussed the Plastics Recycling transactions for approximately 15 to 30 minutes in Tucker's office. Asked if his testimony would be different if petitioner were to testify that he had met Becker only once, and that he had spoken only to Tucker and Shuffrin about the Partnerships, Becker replied: "No. * * * [My testimony] wouldn't be different." Asked if he had a definite recollection of talking to petitioner, Becker replied: "I recall talking to him in Tucker's office." With respect to what he told petitioner, Becker's testimony is inconsistent. On direct examination, Becker testified that he confirmed to petitioner that he and his associates at Becker Co. had visited PI, observed the recyclers, and done everything they thought appropriate. Becker testified that "I just confirmed that we believed that we had done an appropriate level of due diligence." On cross-examination, Becker modified his earlier testimony and said: I [told Jaroff] that I had done a high degree of investigation, review, and analysis, as opposed to saying I did due diligence * * *. I had told him about some of the things that I had done, some of [the] other things that Mr. Tucker had done, and we also had discussed the investment with Jaroff. I had indicated to him that, based upon my knowledge of his financial circumstance, he could afford the risk. That was basically the substance of my discussions with Mr. Jaroff.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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